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CAFCASS Letter - On...
 
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[Solved] CAFCASS Letter - Only provided to the court

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(@Alanc)
Eminent Member Registered

Hi all,

I have a FHDRA hearing coming up in two weeks.

I am preparing my position statement and was hoping to get the stage 2 Safeguarding latter in advance so I can factor this into my position statement.

I've just spoken to CAFCASS who have filed the letter with the court but neither myself (or the other side) are being given a copy of the letter. It will apparently be read out in court or provided immediately before hand.

Is there a particular reason why this letter is not to be provided to each party in advance of the hearing?

I asked CAFCASS and they refused to provide an answer other than to say the reason is in the letter and will be provided at the court date.

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Topic starter Posted : 09/04/2019 5:24 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

I think it could be because there’s some sensitive information in the safeguarding letter, or a safeguarding issue. When the letter contains such material CAFCASS will leave it to the court to decide what should be revealed.

ReplyQuote
Posted : 09/04/2019 11:51 pm
(@Alanc)
Eminent Member Registered

Hi. Thanks for your reply.

Turns out it was due to there being allegations of domestic violence involved in the case.

ReplyQuote
Topic starter Posted : 19/04/2019 1:37 am
 Mojo
(@Mojo)
Illustrious Member Registered

... ah a safeguarding issue then, that’s usually the case... hopefully you can get some clarity at the hearing.

All the best

ReplyQuote
Posted : 19/04/2019 9:58 pm
(@dadmod2)
Illustrious Member

i wouldnt take cafcass letters too seriously lol. usually riddled with factual errors and inconsistencies. just focus on allegations. honesty is best policy. only admit to what you have done if you get interviewed by cafcass. if you have a good barrister/solicitor, he/she can try convince cafcass/court not to do any fact finding gibberish.

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Posted : 22/04/2019 5:13 pm
(@Alanc)
Eminent Member Registered

The FHDRA outcome was predictable but upsetting nonetheless.

Unfortunately the Judge seems to take the letter pretty seriously. In the CAFCASS stage 2 letter, Wife claims domestic abuse, no allegations of harm against the children but the fact I had an emotional breakdown and used to smoke cannabis (both nearly a year ago) means a section 7 report is required.

This is despite providing letters from GPs and consultant psychiatrists stating no concerns over my mental health, and providing a clean 6 month drugs test.

Contact restrictions remain in place until the S7 is completed and the DRA appointment at the end of June.

I have spent weeks of my life studying the legal system, preparing and writing witness and position statements that may as well have said "I AM A FISH" 20,000 times as it would have made as much difference in court. I don't think any Judge has actually read my witness statement. It apparently lands on their desk 30-60 minutes before the hearing.

Once the CAFCASS train has left the station thats it. And nobody bothers to stop and look to see if it should have left the station in the first place.

I've seen Non Mols described as a 'Vice in the System'. It certainly seems to be the case.

ReplyQuote
Topic starter Posted : 22/04/2019 7:33 pm
(@dadmod2)
Illustrious Member

i've been going through something similar. overnight contact denied at 1st hearing because of domestic abuse/violence. well only some furniture took a beating. so S7 report was done recently and finished. hearing coming up in 2 days.

cafcass have been very good in my case. right away they saw which parent is child focused, and which one is busy mud slinging. they given me the green light and closed their case. now waiting to see what nonsense the other party pulls off on the day...

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Posted : 22/04/2019 7:45 pm
(@Alanc)
Eminent Member Registered

Thats fantastic news Bill.

It would be great if you update us on your progress following the hearing.

Can I enquire, for the S7 report, did CAFCASS speak to you in your home or in an external location?

And did you get the opportunity for CAFCASS to see you with your child/children?

I have a brilliant relationship with my 3 kids and I am confident this would shine through if I had that opportunity. My eldest has already told me he wants to split his time equally between both our houses. The problem is she has them, and I have very limited contact and I am worried about what she is saying to them.

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Topic starter Posted : 22/04/2019 7:58 pm
(@dadmod2)
Illustrious Member

cafcass invited me to their office in central london for interview. lasted over an hour. admitted stuff i did, and heard lots of lies mixed with some truth lol. nonsense from the ex.

she met the mother, and then saw the kids separately. made them do drawings and asked if they like visiting dad and if their happy. so no, she didnt see me together with children.

i would advise you to complete a parenting plan, found on cafcass site. i took it with me and randomly mentioned it, then she asked to see it. she was impressed and said other parents dont bother lol. also, whatever crazy allegations are mentioned to you, dont get fired up or emotional. just calmly answer and keep it brief. dont waste your time fighting the allegations as 99% will probably be fabricated, and dont say the mother is a bad parent, or give impression that you argue with her in front of kids.

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Posted : 22/04/2019 8:39 pm
(@Alanc)
Eminent Member Registered

Thanks for the advice Bill.

Hope the hearing goes well!

ReplyQuote
Topic starter Posted : 22/04/2019 10:05 pm
DadMod2 and DadMod2 reacted
(@dadmod2)
Illustrious Member

Hi,

got back from 2nd hearing. frankly was a big waste of time. as someone challenged the standard fri-sun alternate weekends, and demanding sat-sun instead. was also against any mid-week contact although im only 20 mins away. lot of stalling and going back and forth over petty issues. so now have to go for final hearing. only thing that improved in meantime is i am getting 1 overnight stay until next hearing. have been seeing kids every saturday for couple of months.

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Posted : 24/04/2019 10:48 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Is that 1 overnight a week until the next hearing?

ReplyQuote
Posted : 24/04/2019 10:53 pm
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